against Henry late Earl of Northumberland and Tho. Bardolph late Lord Baron for certain ill deeds which they had lately committed contrary to their Allegiance At their meeting the Constable of England shewed them the Process made in the Court of Chivalry against Henry de Peircy upon the Articles of Treason committed by him and others of his Covyn In which Articles are named the Arch-Bishop of York Tho. Newberry Earl Marshal the said Earl of Northumberland the said Lord Bardolph and many others and their several Treasons are therein contained The Lords having advised therein and considered the proofs delivered their opinion to the King touching the said Earl of Northumberland and the said Lord Bardolph only and proceeded to Judgment against them Then the King caused to be demanded of the Lords Temporal Peers of the Realm what they would say touching the Act of the said late Arch-Bishop of York and of the said Earl Marshal who lately with a great multitude of people were armed and trained in the field within the Realm of England with Banners displayed c. Unto which demand the said Lords Temporal said That according to the Information to them given by the said Constable It seemeth unto them to be Treason yet notwithstanding the Lords desired that with good deliberation when they next returned to the Parliament they might speak thereof unto our Lord the King as no error might be found in their doings in time to come This was done on that day the Parliament was adjorned Here the Lords had no other Accusation against those two Peers but the Kings commandment upon view of former Process against them in the Court of Chivalry And the Lords declared their opinion touching the Archbishop of York and the Earl Marshal though their Treasons were contained in the same Process also least Error might be found in their doings hereafter But whether they thought their Error to be that the King had not commanded them first to advise thereon touching the said Archbishop and the Earl Marshal as he had done touching the others Let the Reader Judge For my part I think that would have been error Could the Lords proceed upon Process elsewhere unless the King commands them 2 H. 6. The Judgment against John Mortimer is drawn up very briefly by John Hales one of the Justices of the Kings Bench wherein he first shews that the said Sir John Mortimer was Indicted in London sitting the Parliament before the Lord Mayor of London and other Commissioners appointed by the King For that the said Sir John being committed to the Tower for suspition of Treason corrupted his keeper and broke Prison That the said Indictment was returned into Chancery Ex mandato Dom. Regis and by the Chancery brought into the Parliament before the Duke of Gloucester the Kings Protector and the Lords Temporal the King being then an Infant And the Protector being Authorized by Commission to hold the Parliament de Precepto Dom. Regis That the said Sir John Mortymer by Vertue of the Writs was brought before the said Duke and Lords and Commons That the said Commons affirmed the said Indictment to be true and desired Judgment against him as convict of Treason and Felony And lastly That he was thereupon adjudged In this is set down all the essential parts of the Lords proceedings against Mortymer The Ceremonious or formal parts thereof are omitted as who complained of or accused Mortymer to the Parliament The King or the Commons did not for then there needed no Indictment And therefore it must move for the King either before the Indictment or rather upon the Return thereof unto the House For had the Accusation been before the Indictment it had been a shorter way to Arraign him also before the Commissioners in London he being no Member nor Peer of Parliament then to return the Indictment into the Chancery and then be brought into the Parliament Here is also omitted the Conference before hand between the Lords and Commons touching this matter For it is very unlikely that the Lords did suddainly send for the Commons and then abruptly read the Information before them and they as suddainly affirm the same all these are necessarily understood That the Commons affirmed the Indictment e. It appears that the Lords cannot of themselves Judge a Common Person for an Offence for he is no Peer according to that of 4 E. 3. Numb 26. The manner of Accusation by Information Ex parte Dom. Regis is when the Commons as any other private Person accuse any man unto the Lords in general but do not declare the Offences in particular other then by the Commandment of the King Articles are drawn up against the Delinquent Ex parte Dom. Regis The Precedents are these 2 R. 2. The Constable of the Tower was commanded to bring Gomeniz and Weston whose Offences were complained of in general by the Commons that they named before the Lords in Parliament to Answer to the Articles objected against them on the behalf of the King and they were severally arrained at the Commandment of the Lords c. Eodem anno Alice Pierce being complained of by the Commons was accused and commanded to come before the Lords in Parliament to Answer to certain things objected against her on the Kings behalf And here upon Sir Richard le Scroope Chief Steward of the Kings House by Comandment of the Lords rehersed in Parliment in the presence of the said Alice a certain Ordinance c. Made in the Parliament of 50 E. 3. against her And this Rehersal being made the said Steward surmised unto the said Alice That it seemed to the Lords of the Parliament that she had incurred the pain comprised in the said Ordinance in certain points and especially in two That is to say c. By these two Precedents it appears plain enough that the Lords commanded the Articles to be drawn and exhibited though ex parte Dom. Regis for all these are said to be done by their Commandment And the practise at this day is that out of the Complaints of the Commons as of Mompesson The Lord Chancellor and the Lord Tresurer and a Committee of the Lords did draw up the Charges But they wanted the words Ex parte Dom. Regis The reason why in this Cause the Articles are Ex parte Dom. Regis seemed to be this The Commons complain but impeach not Notwithstanding the Impeachment the Lords cannot proceed neither can they Impeach any to themselves So it rests that the party is to be Impeached at the Kings Suit It may be lawful for me to examine the proceedings of the Lords in the Complaint against Mompesson and to compare them with ancient Proceedings in like Cases And they will appear to differ much And touching Mompesson the Commons did not only complain but accuse him He fled in his absence they ought to have proceeded to Judgment against him before Proclamation first made for him to appear before the
the Tower for three Weeks May it please you c. Here I observe that the Accusation of a private person ought to be legal and certain as that was This Accusation consists of two parts The unjust taking of 17 Nobles c. from the Merchant of Pruse and the Imprisonment of the Petitioner by false suggestion to the King Upon hearing of the Matter the Lords Ordered That as for the Complaint tovching the 17 Nobles it should be sent to the Kings-Bench to be tried there but the Lords themselves determined the Imprisonment upon the false suggestion to the King and awarded Ellis to prison to pay Fine and Ransom to the King and Dammages to the Accusers The Lords received the latter part of this Complaint for two Causes The one for the false Suggestion to the King limited by the Statute of 31 E. 3. to be punished by the Chancellor L. Treasurer and the Councel if he be untrue all which were present in the Parliament The other For a Scruple which might arise out of the Words of the Statute which provides for false Suggestions only to the King himself Whereas Ellis his false Suggestion was by a Letter written to one of the Kings Servants which being shewed to the King his Majesty caused the Petitioner to be imprisoned And this the Lords expounded to be in Ellis a Suggestion unto the King himself And had this Point been truly triable at the Common Law the Lords had referred it thither This is but my own Conceipt Anno 5 R. 2. Numb 4. Richard Clevedon Esquire by his Bill exhibited to the King in Parliament accuseth Sir William Cogan Knight Anno 5 R. 2. Numb 45. The Mayor Bayliffs and Commonalty of Cambridge were accused c. The next of this kind is a very slanderous Accusation of the Chancellor which I will briefly declare and the whole proceedings therein for that it differs in some points from the rest The Parliament of 7 R. 2. at Salisbury began the Friday after the Feast of St. Mark the Evangelist April 29. On the 24th-of May next John Cavendish Fishmonger complained in this Parliament First Before the Commons of England in that Assembly in presence of some Prelates and Temporal Lords and afterwards before all the Prelates and Temporal Lords in full Parliament In the beginning of this Complaint he desired the Lords for God's sake to grant sure and speedy protection for the safety of his Life and that he might have sufficient Surety of the Peace against those of whom he would complain and especially he demanded Surety of Monsieur Michael de la Poole Chancellor of England and accordingly the Chancellor did at the Commandment of the King find Sureties viz. Two Earls c. Then the Fishmonger rehearsed how that all the last Parliament which was held at Westminster at Allhallontide in the same year he did sue by his Bill to have restitution of certain Merchandizes of great value from Geo. Mansfield and three others which was lost upon the Seas by them at such time as they had undertaken the Safeguard of the Seas and of the Merchandizes passing and coming in the mean time against all Enemies except Royal Power The which was endorsed saith he and committed to the Chancery to discuss and determine the Matters therein comprized according to Law and Reason Whereupon he dealt with one John Otrey a Clerk and Houshold-Servant to the said Chancellor for his Master's Favour and Furtherance in the Business The Clerk after he had viewed a Copy of the Bill and considered of the Business promised that for Forty Pounds to his Lord's use and Four Pounds to his own use he should have speed That he gave his Bond for 44 l. to be paid at a Day to come and afterwards delivcred unto the said Otrey certain Herrings and Sturgeon to the value of 9 or 10 Marks to the use of the said Chancellor in part and three yards of Scarlet which cost him 32 s. unto Otrey for his own use in part of the said 4 l. Notwithstanding all which he found no Favour from the Chancellor in his Suit but was delaied and still is and cannot have Justice therefore That the said Otrey told him that he could have had more Money of his Adversaries to have been against him which made him suspect the worst But said he whether the Chancellor shall be reputed privy to this God knoweth judge you My Lords for the Chancellor hath paid him for his Herrings and other Fish and sent him his Bond cancelled but whether he did it out of Conscience or to avoid Slander and Reproach he knew not Judge you My Lords but he was not paid for his three yards of Scarlet Unto this the Chancellor made his Answer not presently but at another time for the Record saith He Answered first before the Prelates and Lords and afterwards before the Lords and Commons whereas the Commons were present when the Complaint was made it being in pleno Parliamento And in the Judges Award to whom this Matter was afterwards referred it is said to be coram Magnatibus Communitat ' in Parliamento So that the Answer was made some other way First He protested his Innocency touching the Delay of Justice and shewed how the Delay was through the Difficulty of the Cause and vouched the Justices and the Serjeants who had often heard the Pleadings Touching the Bribery he swore by the Sacrament he had no knowledge thereof until upon Accompt with his Officers he found those Fishes not paid for and then he presently caused them to be paid for and the Bond cancelled and sent him He denied that his Clerk moved him in that Business all which he offered to prove in such manner as the King and the Lords should ordain and demanded Justice against the Fishmonger for the Slander Unto which the Fishmonger presently answered and said He did not accuse the Chancellor himself but his Clerk only The Lords examined the Fishmonger and the Clerk about the Bond and his Adversaries on their Allegiance whether they had given any thing or promised to give And finding tde Chancellor free from Bribery the Lords acquitted him of his Accusation aforesaid then at the Chancellor's Request the Fishmonger was committed until he found Sureties to appear de die in diem before the Lords and before any Judges who should be assigned The Lords committed the Clerk also and afterwards the Parliament growing to an end the Complaint was referred wholly to the Judges to hear and determine the same as well for the King as for the Parties Auxi avant come les Peres de Parliamento might have done if the Plaint had been fully treated in their presence and in the Parliament The Proceedings before the Judges were in a Schedule annexed to the Parliament-Roll and were thus A Commission was granted in Parliament unto Tressilian Chief Justice of the King's Bench and Bellknap Chief Justice of the Common Pleas to hear and determine
Conferences wherein his Majesty by Testimony becometh a Witness and in case the Earl should be convicted his Commission cometh to the Crown c. he desired their Lordships to put his Majesty in mind thereof for the declining his Accusation and Testimony 9 Maij These Questions were proposed to the Judges 1. Whether in Treason or Felony the King's Testimony is to be admitted or not 2. Whether Words spoken to the Prince who afterwards is King make any alteration in the Case And the Judges were to deliver their Opinion therein on the 13th Day of the said Month of May. And on Saturday Morning being the said 13th Day the Judges were desired to deliver their Opinions The Lord Chief Justice said They appointed to meet and to consider thereof and Mr. Attorney desired to know the time of their Meeting and before that time he brought them a Message from the King viz. That his Majesty was so sensible of his Honour that he would not suffer the Right of his Crown which may justly be preserved to be dampnified in his time That they might deliver their opinion in any particular Questions concerning the Earl of Bristol but not in the general Questions whereof his Majesty could not discern the consequence which might happen to rhe prejudice of the Crown Every particular Case varying according to the circumstances 4 E. 3. The Articles were read against Roger Mortimer and it followeth thus Wherefore our Lord the King doth charge our Earls and Barons Peers of this Realm That forasmuch as these touch him principally and all the People of this Realm That you do unto the said Roger Mortimer right and lawful Judgment such as appertaineth to such an one to have who of all the faults abovesaid is very guilty as he believeth And for that the said things are notorious and known to be true unto you and to all the People of the Realm This was all the Proof produced against Roger Mortimer The Lords hereupon judged him But afterwards Anno 28 E. 3. Numb 10. they reversed it as erroneous so that although the King's Testimony confirmed by the common Fame was 4 E. 3. received against Roger Mortimer yet it was afterwards adjudged Nul Accusament in the 28th of the said King E. 3. In that Parliament of 18 Jac. divers Witnesses were examined in open House in the Causes of Mompesson and the Lord Chancellor upon Interrogatories agreed on beforehand and divers at a Committee And it was resolved That none might be examined upon any thing that might accuse Whereupon the Earl of Southampton one of the said Committee signified That a Scruple did arise Whether Sir Ralph Horsey should be examined what Bribe he gave to the Lord Chancellor and upon the Vote it was agreed he should dissentiente Comite Dorset Eodem Anno The Lords did find that the Testimony of divers of the House of Commons was necessary touching the Complaint against Mompesson and therefore sent a Message to this effect The House of Commons before their Complaint exhibited against the Lord Cobham and Doctor Feild for a Bribe concerning Egerton's Case 18 Jac. examined one Davenport but not upon Oath The Lords when they had examined Davenport found that the Case was not so foul as he related it unto the Commons and therefore sent his Examination again unto them and then punished him for his false Relation CHAP. V. The Judgment FIrst Unto whom the Judgment belongeth and the King's Assent and of the Presence of the Spiritual Lords the Commons and the Judges Secondly The Judgment it self and by whom it was demanded and by whom rendred In making of our Antient Laws the Commons did Petere the Lords Assentire and the King Concludere So in Judgments on Delinquents in Parliament the Commons might accusare petere Judicium the King assentire and the Lords only did judicare §. 1. That the Judgment belongeth only to the Lords appeareth by all the old Records that I have seen prout 4 E. 3. against Mortymer The Earls Barons and Peers did Award and Judge by assent of the King c. 7 H. 4. In the Case of the Earl of Northumberland Protestation was made by the Lords That the Judgment belonged unto them only For the clearing of this Point That the Judgment belongeth to the Lords only vide the Protestation of the Commons 1 H. 7. which excludes the Commons from any Right thereunto viz. On Monday Novemb. 3. The Commons made their Protestation in manner as they did in the beginning of this Parliament and then further declared to the King That no Record in Parliament be made against the Commons That they are or shall be Parties to any Judgment given or hereafter to be given in Parliament Unto which it was then answered by the Archbishop of Canterbury by Command of the King That the Commons are Petitioners and not Demanders and that the King and the Lords have ever had and of Right shall have the Judgment in Parliament in manner as the Commons themselves have declared saving in Statutes to be made and in Grants of Subsidies and the like though to be done for the common profit of the Realm the King will have especially their Advice and Assent And that this Order be held and kept at all times to come This excludes the Commons from all Right to Judgment But whereas it faith the Judgments in Parliament belong only to the King and Lords That is to be understood touching the King's Assent only as apppeareth by the Replication of the Parliament in this Point in 2. H. 5. which was thus In the Parliament at Leicester 2 H. 5. Numb 11. Tho. Earl of Salisbury Petitioneth to reverse a Judgment in Parliament against John Earl of Salisbury his Father in 2 H. 4. and one of the Errors assigned was for that the Judgment was not given by the King but by the Lords Temporal only whereupon the Earls of the Parliament at the King's Commandment gave Copies of the said Judgment of 2 H. 4. and of the said Errors assigned unto the Kings Serjeants at Law then present Ad sequentem solutionem Juris Regni in hac parte avisarentur Super quod Servientes ad Legem crastino die Domino Regi ac Dominis Spiritualibus Temporalibus praedictis hoc in Parliamento petierunt scrutinium pro Domino Rege in hac parte Quibus dictum erat ex parte Domini Regis Quod ipsi procederent ulterius absque aliquo scrutinio habendo quoad declarationem judicium super supradicta c. And afterwards Day was given at the next Parliament which was held at Westminster eodem Anno 2 H. 5. In which Parliament the said Judgment of 2 H. 4. being examined and discussed at full videbatur tam dicto Domino nostro Regi quam etiam Dominis suis antedictis c. quod idem Judicium Declaratio praedicta versus eundem Johannem c. sunt fuerunt bona legalia
have cognizance what was done touching the said Rebellions of Salop and elsewhere-within the Realm whereupon New Proclamations were made and the subsequent proceedings were done in full Parliament in presence of the Commons and the Record saith upon the Request of the Commons A Question hath been often asked Whether the Commons did heretofore sit at Conference with the Lords Which I cannot very well resolve but verily believe That at all these Arraignments the Commons did sit with the Lords 10 R. 2. Gomeniz and Weston were brought before the Lords and Commons sitting in the White Chamber The Words are Devant les Seignieurs avant dits en plein Parlement c. But the Commons are here intended by the Words en plein Parlement And so was the Commons Demand that they may be tried before the Lords No other Records speak whether they did sit or stand In Judgments on Misdemeanors The Presence of the Commons is not necessary unless they impeach a Delinquent prout 50 E. 3. And then they were present at all the Answers of those whom they Impeached and demanded Judgment And when the Lords had rendred their Judgment against the Lord Latimer to be prisoner with the Marshal and to make Fine and Ransom to the King the Commons prayed the King he might also be put out of all his Offices and especially from being Privy Councellor Which the King granted And when the Lords had determined one part of the Complaint of the Commons against William Ellis touching a wrong done to certain Scottish Merchants the Commons prayed a general Enquiry might be made of the Residue whereof they complained which the Lords granted And when the Lord Nevil Answered They required that one Richard Love might be examined to prove that which the said Lord denied and they departed but two of the Commons remained and heard the Examination and told the Lords That the said Richard had related it to the Commons otherwise the day before which the said Richard denied Then all the Commons came and justified it again and thereupon the said Richard Love confessed it and on their Demands was committed This shews what Interest they have in their own Impeachments So in 10 R. 2. When the Commons had Impeached the Lord Chancellor They were present at his Answer and so often Replied and enforced his Oath against him and required him to be Committed and so he was before Judgment but Bayled presently But if the Commons do only complain and do neither impeach the Party in Writing nor by word of Mouth in open House nor demand Trial to be in their Presence In these Cases it is in the Election of the Lords whether the Commons shall be present or not And therefore when they complained of Alice Peirce 10 R. 2. The Lords deferred her Trial until the Departure of the Parliament that is till the Commons had leave to depart And if the Commons presence be not necessary in such Cases where they complain much less is it wherein they complain not yet they have been present when they did not complain but that was upon an extraordinary Cause prout 7 R. 2. A Fishmonger exhibited his Complaint first to the Commons against the Lord Chancellor and afterwards to the Lords in Full Parliament in presence of the Commons But they were present no doubt at the Lord Chancellor's Request That he might clear himself in Publick of the Slander and so he did The Presence of the Judges In Cases Capital the Judges are to be present also otherwise it is not a Full Court but they have no Voyce And though there be divers Precedents that complain of the Prelates prout 21 R. 2. 2 H. 5. and this last of the Commons yet there is not one Precedent that finds fault with their Absence in these Cases for they are not tractare cum caeteris Magnatibus but cum caeteris de Concilio Here may be Objected that which Tresilian and other Judges answered to one of the King's Questions 11 R. 2. touching the Judgment of Michael de la Poole That the same Justices and Serjeants would not give the same Judgment because it seemeth to them that the same is irrevocable as erroneous to every part Vid. Print Stat. 21 R. 2. Tresilian was much mistaken as much as in the other Answers whereby he determined that to be Treason and so here he gave his Advice not his Consent And yet he saith he gave his Consent Read but a little further and you shall find in the very same place as followeth Which Questions and Answers as well before the King as before the Lords and Commons were read and perceived and it was demanded of all the States of Parliament how they thought of the Answer And they said They thought the Justices made and gave the Answers duly and lawfully as good and liege People of the King ought to do And in the same manner Sir Tho. of Shelton Learned in the Law and Will. Hawkford and Will. Beechley the King's Serjeants being demanded by the King of their Advice c. and my Lord Will. Thurning of the Common Pleas c. That the Declaration of Treason not declared belongeth to the Parliament And if he had been demanded he would have said in the same manner And in like manner my Lord William Rickill Justice of the Common Bench and after the coming of my Lord William Clopton Chief Justice he said thus Wherefore the said Answers be judged good and affirmed sufficient in the said Parliament Whereupon the King by the Assent of the Lords Spiritual and Temporal and the Procurators of the Clergy and the said Commons and by the Advice of the said Justices and Serjeants there being It was Awarded and Adjudged c. Here you see the Manner of the Judges Assent viz. their Advice only Nor shall you find their Assents to any Statute yet the Judges have ever used to be present at the Trials in Parliament upon Life and Death 5 H. 4. The King delivered the Earl of Northumberland's Petition to them And at the Trial of any Peer out of Parliament the Judges are ever present on that Day and their presence is necessary for their Counsel to the Lords but their Assent is not necessary to the Judgment §. The Manner how the Lords resolve on their Judgment How this was Anciently appears in the Appeals 21 R. 2. Touching the Death of Simon Burley viz. It was demanded of every Lord who was present at the said Parliament his Advice of the said Simon touching his Crime Eodem Anno in the Print Stat. 21 R. 2. The Judges Opinions were demanded in the same manner beginning with the Serjeants c. and so ascending to the Chief Justice And at this Day the Question is put by the Chancellor or Lord Keeper and the puisne Baron answers first Content or not Content and so the Lords in Order But their Lordships do first debate the Judgment amongst themselves and the
and Judges I have observed four manner of Accusations in Parliament 1. First by the Commons either by their Complaints or their Impeachments 2. Secondly by Information Ex. parte Dom. Regis 3. Thirdly by Complaint of private Persons 4. Fourthly by Appeal of some of the Lords in Parliament which was abolished p. Stat. 1. H. 4. c. 14. The Accusation of the Commons The manner of Accusation ought to be by the Commons alone and not by the Lords and them together for so Earls Prelates Barons and other Peers of the Land and Commons of the Realm did accuse Hugh de le Spencer 15 E. 2. and one of the Errors assigned for the Reversal was that the Lords had no Record before them of the Causes contained in their Award vis Rot. claus 15 E. 3. in the Parliament at York The Reasons may be because the Lords joyning in the Accusation with the Commons have declared their opinion of the Fact and there needs no further Tryal thereof Wherefore the Lords who are only Judges may neither accuse any to themselves nor joyn in the Accusations with others The complaint of the Commons is either by Petition or demand in general or by Impeachment in particular which is their Declaration against the party accused Precedents of their Complaints by Petition are Anno 21 E. 3. n. 38. The Commons complain of Extortion used by certain Merchants who were Farmers of the Kings Customs of Wools not naming the Parties for which they pray remedy and that the said Merchants may be put to their answer in this Parliament for such outrage and distress done to the people Which Petition is thus answered Let the Merchants be called into the Parliament Et oient lour Respons In codem Parl. n. 49. The Commons in another Petition complain That whereas diverse aids have been granted to the King for his Wars certain Merchants by confederacy between them and in manner of usury have bargained for the same to the Kings great loss and the grievance of the Commons c. His people pray these Particulars may be examined in presence of some by the said Commons deputed by good wise and Loyal men during the Parliament The King shall assign some of the Sages of his Council to hear and determine the things contained in this Article And if any of the Commons can inform the King for his profit of any of the Points herein contained let him put it in certain and he shall be heard to the end that Right and reason may be done And the Justices which shall be assigned to enquire of false Mony shall have power to enquire of the excess of such Ministers Though these complaints were general yet they pointed so directly to the Parties accused that John de Worsenham and Walter de Chairton did exhibit their Petitions also in their own defence desiring to come to their Answers What further proceedings were herein is not recorded The Commons were directed to impeach the Parties whom they accused If any of the Commons can inform c. Let him inform in certain and he shall be heard c. So that although the Commons accusation by complaint be general yet if the complaint be received and the Parties brought to answer the Commons may then impeach the said Parties viz. declare against them in special and then the Suit is theirs prout Anno 50 E. 3. against Lyons Ellis the Lord Latimer the Lord Nevile Peecher and others But if the Commons do only accuse by any way of complaint whatsoever and do not declare in special against the Party accused then the Suit is the Kings and the Party is to be arraigned or otherwise proceeded against by commandment Ex parte Dom. Regis prout Gomeniz Weston and Alice Peirce 1 R. 2. Anno 1 H. 4. The Commons pray the Lords Apellants in the 21 R. 2. may be put to their answer and so they were 10 Placit Coron of that Parl. n. 1. 2. 3. c. Anno 29 H. 6. The Commons pray that the Duke of Somerset the Dutchess of Suffolk the Bishop of London and many others may be abandoned from the Kings Presence during their lives and not come within twelve Miles of the Court for that the people spoke evil of them The King of his own meer motion is contented that all shall depart unless they be Lords and a few of them whom he may not spare from his presence and so to continue one year to see if any man can misprove them n. 6. inter Petitiones Communium For this was no Accusation for the Commons did not require they might be banished the Court. Anno 38 H. 6. The Commons among their Petitions accuse the Lord Stanley of sundry Particulars as to be of confederacy with the Duke of York and pray he may be committed to Prison The King will be advised Primo Jac. 26 Maii. The Commons by message accuse the Bishop of London for words spoken of them in the upper House Of the other kind of complaint by way of demand I have seen these two Precedents only Anno 1 R. 2. The Subsidy to be treated upon between the Lords and Commons as the manner then was The Commons delivered to the Lords a Schedule of their demands to be dispatched before Treaty should proceed Amongst which one was That all such who without Cause have lost or given up any Castle Town or Fortress to the dishonour of the King and damage of the People may be put to their Answer before the Lords and Commons in this present Parliament The Complaint herein is general They accuse such as had delivered up Castles c. if it be an Accusation But they name not the Parties yet two Delinquents hereupon who were Imprisoned in the Tower for delivery of Castels c. were put to their Answer viz. Gomeniz and Weston Anno 7 R. 2. The Commons grant a Subsidy according to the Tenor of a Schedule indented delivered in Parliament requiring it may be enrolled in the Parliament Roll verbatim in which Schedule is this Protestation That it is not their meaning to grant the said Subsidy without the Conditions ensuing Inprimis That the Clergy make the like Grant Item That the Bishop of Norwich and others be compelled to answer such Sums as they have received for Service by them undertaken and not performed c. Numb 13. Here the Commons name one of the Parties against whom they complain but they impeach him not and yet he and divers others were censured on that general demand Of the Impeachments of the Commons there be these Precedents Anno 50. E. 3. The Commons having granted the Subsidy they protested their good will and firm purpose to aid the King and said That it seemed to them for truth that if the King had always about him Loyal Subjects good Councellors and faithful Officers he had been rich in Treasure and needed not have charged his Commons with Subsidies
They met at Westminster June 19. and were assisted by the Lord Treasurer Lord Keeper Lord Privy Seal the Master of the Rolls and the King 's two Serjeants c. and they called the Fishmonger before them and cause to be recited the said Accusation and the Chancellor's Answer and then demanded of him what he could say why he should not undergo the Penalty of the Statute against such Scandals especially whenas the Chancellor hath acquitted himself in Parliament and is yet ready to acquit himself by any way possible The Fishmonger denied that he slandered the Chacellor but the Clerk only c. The Commissioners considering the Accusation and Answer in Parliament and especially that the Fishmonger said he could not have Justice in his Cause before the Chancellor the contrary whereof was expressed and proved out of the Records of the Chancery They adjudged him guilty of Defamation and to pay one hundred Marks to the Chancellor and to be imprisoned until he could pay the same and a competent Fine due to the King It should seem the Lords could find no time to examine the Injustice he complained of and therefore referred it to the Judges Anno 6. R. 2. Octab. Mich. Numb 59. Divers Bills were exhibited this Parliament by the Mayor Aldermen and Citizens of London concerning the Fishmongers and the said Mayor and Aldermen and Fishmongers were present at the reading thereof where Nicholas Exton who spake for the Fishmongers prayed the King to receive him and his Company into his Majesties protection Numb 59. which was granted Numb 60. Then one Walter Sybil a Fishmonger craved Audience and said These Bills were not exhibited for any good zeal to the Commonweal but for meer Malice to the Fishmongers for that the chief Exhibiters of these Bills being commanded to prison for sundry Misdemeanors in the time of E. 3. were then imprisoned by certain of the Fishmongers who then were chief Officers in London for which cause Malice was born at that time Numb 60. To that one John Moore a Mercer answered The Citizens of London went to keep the Peace towards them unless they went about to let into the said City the Rebels of Kent and Essex as the said Walter and others did Numb 60. The said Walter Sybill took advantage of those words and desired the Lords to bear witness John Moore thereupon expounded his words saying as the Report then went and prayed the Lords that the Truth thereof might be further enquired of in the City There is one only Precedent of a Complaint made by a private person in the House of Commons and of the Commons proceeding therein against a Lord of the Parliament which was thus Anno 15. H. 6. Tho. Philips exhibited unto the Commons his Bill of Complaint against John Bishop of London for his long Imprisonment upon suspition of Heresie The Commons sent up the Bill being written in Paper amongst other to the Lords without any Message for ought appeareth upon Record On Monday following the Bill was read and the Lords Excogitabant That it did not belong to their House de talibus frivolis rebus consultare and returned it to the Commons Hereupon the Commons sent to the Bishop for his Answer in writing unto this Complaint which yet the Bishop did forbear to do until he knew the Opinion of the Lords herein and acquainted their Lordships therewith The next day the Lords answered all with one voyce Quod non consentaneum fuit aliquem Procerum alicui in eo loco responsurum Lunae 2. Martii In the Parliament begun at Westminster An. 16. Jac. Sir John Bowser Knight complained of the Bishop of Lincoln the then Lord Keeper but he was not compellable to answer before the Commons 10 R. 2. The Commons accused de la Poole openly in Parliament before the King and Lords unto which the Councellors made a good Answer in the Opinion of this Age yet upon the many Replications of the Commons and the enforcement of his Oath strictly against him he was Fined and Imprisoned c. In this Parliament also the Lords and Commons procured Commission unto certain of the Lords to enquire of the Enormities of the Realm and to redress them The King was so highly displeased with these Proceedings that on the last day of this Parliament being the 25th of November he himself protested that nothing done therein should turn to the Prejudice of him or his Crown Afterwards he sought all means to overthrow those Lords who procured that Commission viz. the Duke of Gloucester the Earls of Danby Arundel Warwick and Earl Marshal And at a Consultation thereupon he sent for the Chief Justice Tressilian and some other Judges and his Serjeants at Law unto Nottingham where on August 25. Anno 11. he propounded certain Questions containing all the points of Advantage against the Proceedings of the last Parliament which the Judges affirmed to be Treason under their Hands and Seals Then the King thought to proceed judicially against those Lords but they kept together with the Duke of Gloucester at Heringby with a strong Guard And the King sent for them and all doubts of danger to their Persons being first removed they came Novemb. 3. Anno 11. and kneeling before the King's Majesty he demanded why they were Assembled at Heringby-Park in warlike manner They answered for the good of the King and Kingdom and to remove certain Traytors from about him meaning the Lord of Ireland the Archbishop of York Michael de la Poole Sir Robert Tresilian and Sir Nich. Brembre And with that they threw down their Gloves and Gages of the Challenging to prove the same Unto which the King replied This shall not be done so but at the next Parliament which shall be the Morrow after Candlemas Day and then all parties shall receive according as they deserve In the mean time he conveys away the parties accused and acquits them by Proclamation then summoned a Parliament at Westminster Crast. Purificat 11 R. 2. Where these few Lords Appellants came well Armed which made the King unwilling to come amongst them yet at last he came Haec ex Ep. fol. 603. On the first Day of this Parliament the Duke of Gloucester one of the said Appellants kneeling before the King shewed That whereas he understood his Majesty was informed that he intended the Deposing of him and Advancing himself to the Crown he was ready to declare his Innocency herein in such sort as the Lords would ordain Whereupon the King answered He held him thereof acquitted On the second Day of this Parliament the said Appellants exhibited their Petition to the King concerning several Articles against divers Lords and Commons whom they appealed of Treason The said Articles being read in presence of the King and Lords in Parliament the said Appellants offering to make Proofs thereof required that the said Appellees might be called to Answer and for default of their Appearance demanded Judgment against them Hereupon